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North Country Justice
When the train leaves the track.
Thursday, August 9, 2012, 12:00 PM -
Special Report
There are many situational factors that can occur at any given time in a criminal investigation that may initiate a wrongful conviction. When any number of undesirable actions occurs, not necessarily in any given sequence, the case goes off track.
Lets begin at the point of time when any investigative agency adopts a criminal case. The investigation begins with the first awareness that a crime has been committed.
Now, the investigation train leaves the station and heads down the tracks building momentum. Anytime a potentially harmful situation occurs along the route, the safe progression of the train is jeopardized and disaster is eminent.
When the train leaves the track, it usually results in someone getting railroaded.
Here are some factors that can cause a disaster in an investigation.
1. Individuals lacking the necessary skills and experience, who are placed in a position of investigative authority, for any number of reasons, have a tendency to perform poorly and unprofessionally. This usually happens if those positions are appointed or filled when there is little or no competition of more capable candidates.
2. Due to inadequate skills, there is a tendency to fabricate, twist or manipulate known case facts and/or ignore them. There are several justifications that promote this type of behavior; the foremost one is to look good. Sometimes, the individual just does not possess the capabilities of a troubleshooter who uses the process of elimination.
3. Also, due to a lack of adequate training and/or inexperience, these investigators do not possess true objectivity for conducting investigations. There are many things that can interfere with objectivity; a standard that has to be constantly maintained.
4. There is a tendency to not ask for assistance from qualified and experienced investigators or other sources. A rush to judgment decision is prevalent under these conditions. This happens when the investigator does not want to look bad because of incompetency or arrogance and has a know it all attitude.
5. Once focused on a suspect, tunnel vision may prevail and actual facts that do not fit the desired scenario may be totally disregarded. Most often there is little credence given to any other possible suspects. Sometimes referred to as blinded by the light syndrome, the investigator refuses to acknowledge any other possibilities.
6. When confronted with inconsistencies and biased rationalization, justification enters into the reasoning process and pieces of the puzzle are forced into place where they do not fit.
7. When oversight and lack of professional accountability are not in place, a fantasy type scenario of the crime is created and perpetuated. Reports and statements become slanted against a suspect and the wording infers guilt rather than facts.
8. The peer pressure to obtain a conviction sometimes overcomes professional and moral standards. Administrative and/or public pressure quite often limits the time needed to explore all of the facts and possibly develop new evidence.
9. Tampering with case evidence, fabrication of facts and/or perjury can become common occurrences and continued from case to case. When a desired outcome is obtained, it becomes easier to continue this illegal behavior in other situations.
10. Offering actual case facts to the suspect provides the foundation for a false confession. Manipulation, trickery and fabrication of the case facts, when told to the suspect, provide the building blocks of a false confession. The result is a confession that will usually convince a jury of guilt.
11. Release of false and misleading statements to the media creates a branding effect that is extremely difficult to defend against. The most damaging result of this is pollution of the juror pool. The continued success of convictions utilizing this tactic makes this a valuable tool for the wrong reasons.
12. When the investigator(s) complete a flawed investigation, the case is turned over to the prosecution. Quite often, the same misdirection is maintained as they use their own set of justifications, or by not challenging the validity of the case.
13. The final outcome is usually a conviction by a jury or plea bargain and an innocent person is incarcerated while the actual perpetrator remains free to commit more crimes.
Thankfully, the majority of people working in criminal justice systems throughout the world strive to maintain the professional standards required to prevent wrongful convictions.
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What we knew, but didnt know the extent.
Tuesday, May 22, 2012, 08:00 AM -
Special Report
Albany County
National Registry of Exonerations
is a joint project of the University of the Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law. It is an up to date list of all known exonerations in the United States since 1989.
is available online and is described in this Associated Press article by reporter Pete Yost.
Study: 2,000 convicted then exonerated in 23 years
May 21, 2012 12:02 am Associated Press
More than 2,000 people who were falsely convicted of serious crimes have been exonerated in the United States in the past 23 years, according to a new archive compiled at two universities.
There is no official record-keeping system for exonerations of convicted criminals in the country, so academics set one up. The new national
, or database, painstakingly assembled by the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law, is the most complete list of exonerations ever compiled.
The database compiled and analyzed by the researchers contains information on 873 exonerations for which they have the most detailed evidence. The researchers are aware of nearly 1,200 other exonerations, for which they have less data.
They found that those 873 exonerated defendants spent a combined total of more than 10,000 years in prison, an average of more than 11 years each. Nine out of 10 of them are men and half are African-American.
Nearly half of the 873 exonerations were homicide cases, including 101 death sentences. Over one-third of the cases were sexual assaults.
DNA evidence led to exoneration in nearly one-third of the 416 homicides and in nearly two-thirds of the 305 sexual assaults.
Researchers estimate the total number of felony convictions in the United States is nearly a million a year.
The overall registry/list begins at the start of 1989. It gives an unprecedented view of the scope of the problem of wrongful convictions in the United States and the figure of more than 2,000 exonerations "is a good start," said Rob Warden, executive director of the Center on Wrongful Convictions.
"We know there are many more that we haven't found," added University of Michigan law professor Samuel Gross, the editor of the newly opened National Registry of Exonerations.
Counties such as San Bernardino in California and Bexar County in Texas are heavily populated, yet seemingly have no exonerations, a circumstance that the academics say cannot possibly be correct.
The registry excludes at least 1,170 additional defendants. Their convictions were thrown out starting in 1995 amid the periodic exposures of 13 major police scandals around the country. In all the cases, police officers fabricated crimes, usually by planting drugs or guns on innocent defendants.
Regarding the 1,170 additional defendants who were left out of the registry, "we have only sketchy information about most of these cases," the report said. "Some of these group exonerations are well known; most are comparatively obscure. We began to notice them by accident, as a byproduct of searches for individual cases."
In half of the 873 exonerations studied in detail, the most common factor leading to false convictions was perjured testimony or false accusations. Forty-three percent of the cases involved mistaken eyewitness identification, and 24 percent of the cases involved false or misleading forensic evidence.
In two out of three homicides, perjury or false accusation was the most common factor leading to false conviction. In four out of five sexual assaults, mistaken eyewitness identification was the leading cause of false conviction.
Seven percent of the exonerations were drug, white-collar and other nonviolent crimes, 5 percent were robberies and 5 percent were other types of violent crimes.
"It used to be that almost all the exonerations we knew about were murder and rape cases. We're finally beginning to see beyond that. This is a sea change," said Gross.
Exonerations often take place with no public fanfare and the 106-page report that coincides with the opening of the registry explains why.
On TV, an exoneration looks like a singular victory for a criminal defense attorney, "but there's usually someone to blame for the underlying tragedy, often more than one person, and the common culprits include defense lawyers as well as police officers, prosecutors and judges. In many cases, everybody involved has egg on their face," according to the report.
Despite a claim of wrongful conviction that was widely publicized last week, a Texas convict executed two decades ago is not in the database because he has not been officially exonerated. Carlos DeLuna was executed for the fatal stabbing of a Corpus Christi convenience store clerk. A team headed by a Columbia University law professor just published a 400-page report that contends DeLuna didn't kill the clerk, Wanda Jean Lopez.
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At Last
Wednesday, April 11, 2012, 12:00 PM -
Special Report
Albany County
the ship is coming in. We can see it on the horizon. Lets just pray that it makes it into port.
This is what NCJ has been advocating for. Many previous postings on this site refer to the need for a review board for the present victims of wrongful convictions.
It will remain to be seen if these people can navigate through the criteria that will be adopted in order regain their freedom.
However, it is a beginning.
Thank you Attorney General Eric Schneiderman!
Here is the press release from his office.
NEW YORK- Attorney General Eric T. Schneiderman today announced the establishment of a Conviction Review Bureau in the New York Office of Attorney General (OAG), a first-of-its-kind statewide initiative to address issues related to wrongful convictions across New York State. (read more)
Here is a New York Times article on the announcement.
New State Office to Review Questionable Convictions
New York Times, Wednesday, April 10, 2012 - By John Eligon
Eric T. Schneiderman, the New York State attorney general, is creating a bureau to investigate criminal cases across the state in which convictions have been called into question.
The Conviction Review Bureau represents the first statewide initiative by a law enforcement agency to address potential wrongful convictions, at a time when many in the states criminal justice system, including the chief judge, have been calling for changes like the videotaping of police interrogations and the use of new practices for eyewitnesses identifications.
There is only one person who wins when the wrong person is convicted of a crime: the real perpetrator, who remains free to commit more crimes, Mr. Schneiderman said in a statement. For victims, their families and any of us who could suffer the nightmare of being wrongly accused, it is imperative that we do everything possible to maximize accuracy, justice and reliability in our justice system.
The bureau will consist of one current assistant attorney general, who will be able to call upon investigators and assistant attorneys general as needed. A panel of seven senior lawyers in the office will advise the bureau.
Mr. Schneiderman said his office would work with district attorneys across the state to identify cases in which there might be significant doubts surrounding a conviction. If a district attorneys office chooses to refer the case to the attorney general, then the attorney generals office will have jurisdiction to reinvestigate the case and handle the subsequent legal proceedings.
Though questions remain as to whether local prosecutors will be reluctant to cede jurisdiction to the bureau in highly controversial cases, Mr. Schneidermans office said it had already received support from several prosecutors, including Janet DiFiore of Westchester County, Kathleen B. Hogan of Warren County and Cyrus R. Vance Jr. of Manhattan.
The attorney general said he also planned a review of his own offices investigative practices to ensure that it is following proper procedures.
The bureau will also decide how to resolve civil cases in which someone who was wrongfully imprisoned is seeking money from the state. Those cases are in the attorney generals jurisdiction. The office has been criticized for its reluctance at times to compensate the wrongfully convicted without a lengthy, costly court proceeding.
In a ruling last year, the New York Court of Appeals, the states highest court, said that a former inmate named Douglas Warney could seek compensation for his wrongful conviction, though the attorney generals office first under Andrew M. Cuomo, and then under Mr. Schneiderman had argued that Mr. Warney, while innocent, had brought about his own conviction by making a confession. DNA evidence cleared Mr. Warney of murder, and his lawyers said police officers had fed him details of the crime to manufacture a confession.
The attorney generals office is very defensive about paying out awards on behalf of New York State, said Donald M. Thompson, a lawyer for Mr. Warney, who is still negotiating a financial settlement with the state. Part of it is, its their job to be.
Mr. Thompson said he hoped that New York would adopt the approach of other states in which a formula is used to determine how much money people are awarded once they are found to have been wrongfully convicted.
A subcommittee of the Conviction Review Bureau will assess the offices practices on settlement negotiations case by case, said Danny Kanner, a spokesman for Mr. Schneiderman. By having a group that consistently reviews these civil cases, the office said, it hopes to make the settlement process quicker, more effective and more efficient.
NCJ NOTE: Will someone please tell Erick Westervelt and other wrongfully convicted victims.
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Law Professor: Its shocking; this one was the Trifecta
Monday, March 19, 2012, 12:00 PM -
Special Report
Albany County
Michael Wayne Hash Free After Judge Slams Official Misconduct in Murder Case, Tosses Life Sentence
Huffington Post March 16, 2012 By John Rudolf
A Virginia man sentenced to life in prison in 2001 savored his first night of freedom Wednesday after a federal judge overturned his murder conviction, and lambasted police and prosecutors for "outrageous misconduct" in the case.
In May 2000, police in rural Culpeper County, Va., charged Michael Wayne Hash, then 19, in the gruesome shooting death of an elderly neighbor four years earlier.
In a blistering 65-page opinion published Feb. 28, Senior U.S. District Court Judge James C. Turk slammed investigators and prosecutors in the county for a "series of lies and failures to disclose exculpatory evidence." Prosecutors withheld failed polygraph tests of two crucial prosecution witnesses, and did not disclose that another witness, a jailhouse informant, repeatedly lied on the stand.
The case represented a "miscarriage of justice" and an "extreme malfunction in the state criminal justice system," Turk wrote.
A special prosecutor appointed to handle the case has six months to decide whether to retry Hash, Turk said in his opinion. In the meantime, Hash will remain free, after a county judge released him Wednesday afternoon on a $10,000 unsecured bond.
Hash, 31, arrived at the courthouse in shackles wearing a striped prison uniform, and left in street clothes.
"Yesterday was a wonderful day," said his parents, Jeff and Pam Hash, in a statement Thursday to The Huffington Post. "We were able to take Michael home and have our first family dinner in almost 12 years."
"Right now, we're looking forward to the day when Michael's name is finally cleared and this nightmare is behind us," they said.
Gary Close, the prosecutor who tried the case, abruptly resigned as the Culpeper County district attorney after the judge's opinion. In a resignation letter, he called his office an "ethical and fair institution."
"Culpeper should be proud of their work," he said.
Hash's attorneys declined to comment on the substance of the case until it is finally resolved. But legal experts said the behavior of prosecutors and police represented a gross abuse of authority.
"It's shocking," said Laurie Levenson, a law professor at Loyola Law School and an expert on wrongful convictions. "This one was the trifecta. You name the type of misconduct, it all happened here."
No physical evidence tied Hash to the 1996 murder, which stumped police for four years. In 2000, after the election of a new sheriff, investigators arrested Hash and two other teenagers, and charged them in the crime.
One of the young men, Eric Weakley agreed to plead guilty to a lesser charge in exchange for testimony implicating Hash as the shooter. But prosecutors did not disclose that deal to the defense or the jury, or reveal that Weakley had failed a polygraph test. Weakley, sentenced to six years in prison, later recanted his testimony.
Another witness, Alesia Shelton, Hash's cousin, testified that she heard him confess to the murder. Prosecutors did not reveal that she, too, failed a lie detector test.
"Shelton's test results showed that she was deceptive on every single question asked about her statement implicating Hash," the polygraph examiner who conducted the test said later in an affidavit. "Anybody that failed the examination to this extent wouldn't be a very credible witness in my opinion."
The final key witness in the case was a jailhouse informant, Paul Carter, who testified that Hash confessed to the murder while the two were housed on the same cellblock.
Prosecutors portrayed Hash's alleged confession as a lucky break in the case. Later evidence revealed that investigators deliberately moved Hash to a neighboring county jail with the intent of exposing him to Carter, a known informant.
The two prisoners spent a single night on the same cellblock, records showed.
Also concealed from the defense counsel and the court was a deal struck between the informant and prosecutors, who later intervened on his behalf to secure a lighter sentence. Based on his cooperation with the Hash case, Carter's 15-year sentence was reduced to time served and he was released.
In his closing argument at Hash's trial, Close, the prosecutor, denied that the informant would benefit from his testimony. "There's no deal with Mr. Carter," he said. "None whatsoever."
The jury convicted Hash in two hours.
NOTE: Erick Westervelts case can be considered the Triple Trifecta. NCJ has totaled the egregious conduct that took place in his case and it exceeds more than nine outright acts of misconduct on the part of the police and prosecution. Yet, to this day, there has not been any government agency interested in looking into these facts.
Maybe if the truth remains buried, everything will just go away.
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Saturday, January 7, 2012, 12:00 PM -
Special Report
Albany County
....in any form is an extremely serious problem. In the food industry, it can result in life threatening food poisoning. In the space exploration program, it can destroy a mission at a cost of millions of dollars. In the police interrogation room, it can alter the outcome of a case. WHAT?
Yes, contamination of an interrogation means that the interviewer has purposely or inadvertently revealed previously unknown case facts to the suspect. WHY?
This little known fact regarding the direction of a criminal case almost may seem like the police community's "dirty little secret". You never hear or read about its existence in the media. You never see it in any of the crime TV programs. It is almost like it doesn't exist. The problem is, that it definitely does and more often than it should.
The result of contamination in criminal cases that gets more attention is when a witness or a juror becomes "contaminated" by being influenced or bribed. This occurrence seems to be more dramatic than contamination in the interrogation room. So, then why don't we hear more about it? Because, the police are the cause of it. "No way", you say. Whatever the motivation or inexperience of the person(s) conducting the interrogation process is, it is a serious problem for law enforcement.
Many times it is subtle and overlooked in the course of the interrogation. Most times it is not known or realized unless there is an audio or video recording of an interview, which is reviewed later.
Regardless of how it occurs, the course of the case is drastically altered from that point on. It lends credibility to arranging the puzzle where the wrong pieces now seem to fit in place. It overshadows normal reasoning. It becomes wishful thinking. It is addictive to the point that circumstances become believable.
It becomes a "runaway train" scenario if it isn't kept in check. It can be stopped in its tracks if there is oversight by others working the case. However, when the oversight is nonexistent and the contamination of statements by a suspect produces a false confession, the outcome is as disastrous as an e-coli outbreak.
The big difference in the two is, the e-coli contamination gets investigated and the source is revealed. Whereas the confession contamination is not addressed and remains hidden.
Whether intentional or not, when contamination of a confession has occurred, another crime has been committed. It may not seem like a crime, but it is. Many people in the criminal justice system would prefer to call it a mistake and let it go unpunished. The newly formed crime then takes on a life of its own and sometimes becomes perpetuated by others who ignore it.
It is the sworn duty of
criminal justice appointees to acknowledge and immediately report any deviation or manipulation of facts during
phase of criminal cases.
Erick Westervelt was a victim of contamination during the lengthy police interrogation.
"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it."
Martin Luther King, Jr.
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"If I had only known!......"
Thursday, January 5, 2012, 12:00 AM -
Special Report
Albany County
How many times have we all uttered those words? What were the consequences that caused us to make that statement?
In some particular instances, it might have a catastrophic effect upon someone's life. It also might have a remorseful bearing on your life.
Here is one such case that illustrates the point further.
If you are not familiar with Philadelphia, Pennsylvania, you most likely never heard of a small residential district in north "Philly" by the name of Olney. You also most likely never heard of this case. However, there is also a little known event that took place there in Olney, Pennsylvania, that should have received a great deal of attention nationwide. An event that emphasizes what jurors should know before they decide someone's fate.
Here is the story.....
Jailed 6 years as argument rages over expert witness
March 15, 2011 - By Joseph A. Slobodzian, INQUIRER STAFF WRITER
Defense lawyers say there was a reason Jose Alicea confessed to the Oct. 30, 2005, shooting death of 21-year-old Esroy George Rowe during a melee at their neighborhood cafe in Olney.
Alicea, then 19, with no prior record or contact with police and an IQ of 64 - six points below the traditional threshold for mental retardation - was brought in for questioning at 2 a.m. Nov. 1, 2005.
Five hours later, nervous and shaking, Alicea began making a statement implicating himself.
In what lawyers say could be a first crack in the Pennsylvania courts' reluctance to allow some types of expert psychological testimony, a state Superior Court panel ruled Monday that Alicea's lawyers could use an expert to explain to a jury why some people are especially vulnerable to being pressured into confessing to a crime they did not commit.
Writing for the majority of the three-judge panel, Judge Mary Jane Bowes said the testimony of
Richard Leo
, a nationally known expert on police interrogation and false confessions, would not infringe on the jury's ability to assess the credibility of Alicea's claim of a coerced confession.
"Even those jurors who are aware of police interrogation techniques, or believe that they are aware by watching media and television," wrote Bowes, "are unlikely to understand how these methods can lead to an innocent individual confessing."
Hugh Burns, chief of appeals for the Philadelphia District Attorney's Office, said his office would likely appeal the Superior Court ruling. The DA's office could ask the full Superior Court to reconsider the panel ruling or the state Supreme Court to take the case.
"I think this is an important matter," Burns said. "There is this tendency to tell jurors what they should believe."
Burns can easily find support in the brief dissent by Superior Court Judge Correale F. Stevens.
Quoting from an earlier state Supreme Court opinion, Stevens wrote that the state's high court has long restricted expert witnesses: "Expert testimony is only admissible where formation of an opinion on a subject requires knowledge, information or skill beyond that possessed by the ordinary juror."
Monday's decision will have little immediate impact. Because the ruling only affirms a pretrial ruling by Philadelphia Common Pleas Court Judge Benjamin Lerner, Alicea will stay in prison, without bail and awaiting trial, until the courts rule on the DA's appeal.
That could mean several more years behind bars for a man - legally innocent until proven guilty - already confined six years, largely because of pre-trial arguments on whether he can use an expert witness. Beyond his confession, the evidence against Alicea is equivocal: eyewitnesses who identified two others as the shooter.
Nor is the Superior Court's ruling precedential, or binding on other state trial courts.
Still, some experts say the Superior Court decision is significant because it is one of several incremental steps by Pennsylvania judges to ease restrictions on some expert testimony.
Marissa B. Bluestine, legal director of the Pennsylvania Innocence Project, founded two years ago at Temple University's Beasley School of Law, said she believes the exoneration through DNA of some people convicted of crimes - by confession, eyewitness identification, or other evidence - is making some judges more open to the use of experts in court.
Bluestine said one Pittsburgh judge has already permitted limited testimony by
Richard Leo
about coerced confession, a ruling not directly challenged by prosecutors.
Two other cases are pending before the state Supreme Court on the use of expert testimony about the reliability of eyewitness identification.
According to Bluestine, only Pennsylvania and Kansas do not allow some use of expert testimony about coerced confessions.
"Most courts [in other states] allow its use at the discretion of the trial judge and that's as it should be," Bluestine added. "It's not appropriate in all cases."
In Erick Westervelt's trial, the defense tried to educate the jury about false confessions, but the attempt was extremely ineffective due to the assistant district attorney's persistence in discrediting the expert psychologist,
Dr. Allison Redlich
How many past jurors have had later thoughts about what is now known about the occurrence of false confessions? We will never know.
"If they had only known!......"
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"Why would someone confess to a crime they didn't commit?"
Tuesday, December 27, 2011, 09:00 AM -
Special Report
Albany County
'Speeding train' interrogations can fuel false confessions
By John S. Adams, USA TODAY
By Rion Sanders, Great Falls Tribune
Barry Beach sheds tears as he listens to terms of his release after serving 29 years behind bars.
HELENA, Mont.
On Dec. 7, a Montana judge released confessed murderer Barry Beach after ruling that new evidence in his case was "credible" and that he deserved a new trial.
Beach, 49, served 28 years of a 100-year prison sentence for the 1979 murder of high school classmate Kim Nees, a crime he confessed to but has since maintained he didn't commit.
Two days after Beach was freed, authorities in Illinois and New York dealt with two cases of confessions that defendants later said were coerced.
The question at the heart of each of these cases and dozens like them across the country is:
"Why would someone confess to a crime they didn't commit?"
Until recently, the idea that someone would falsely admit to a murder or a rape that they didn't commit was considered preposterous, says former Washington, D.C., homicide detective Jim Trainum.
"I always ask people, 'Why would somebody ever confess to a crime they didn't do?' " Trainum says. "What is it we do in that interrogation room that convinces you that it is in your best interest to admit to something that could lead you to the death chamber?"
Trainum was a police officer for 27 years, 17 of them as a homicide detective. Now retired, Trainum serves as a consultant on cold cases and wrongful convictions where he specializes in false confessions.
He says he obtained his first false confession from a suspect just one year into his tenure as a homicide detective.
Trainum says he and his fellow investigators repeatedly ignored evidence that pointed away from the suspect who confessed.
"It's like you're on this speeding train going down the track and it's extremely difficult to get that train to stop," Trainum says. "While you're on that train, you might be getting other leads coming in, other clues about the killer, but because we're so fixated on the suspect, often times those clues go undocumented."
Steven Drizin, a clinical law professor at Northwestern University School of Law and the legal director of the Center on Wrongful Convictions, studied more than 250 cases of proven false confessions. Nearly all false confessions start with the "misclassification error," Drizin says.
"When the police officer enters the interrogation room, they've already presumed that the suspect is guilty based on evidence that has been gathered in the course of the investigation. Often times, it's based on little more than a hunch," Drizin says.
The next error investigators often make is what Drizin calls the "coercion error." It starts when an interrogator begins accusing the suspect of committing the crime.
"Where these interrogations often go awry is when police begin to make implied or direct threats," Drizin says. "They might tell the suspect that a confession will bring leniency or less time in prison. Sometimes they tell a suspect that a conviction is going to bring an extremely harsh consequence, such as the death penalty, or long sentences. Sometimes suspects are told they're going to get raped in prison."
Trainum says police investigators are trained to convince a suspect that the short-term benefit of a confession outweighs the long-term consequences that it might bring.
The third error interrogators often commit, Drizin says, is when interrogators knowingly or unknowingly provide the suspect with key details of the crime.
University of Virginia law professor Brandon Garrett, author of the 2011 book Convicting the Innocent, reviewed 250 cases of people who were exonerated by DNA evidence.
Garrett found that suspects confessed in detail to crimes they didn't commit in 40 of those cases.
None of the interrogations in those cases was recorded in its entirety, Garrett says.
"In cases where the entire interrogation is recorded, it is a lot easier to find out" if interrogators have provided suspects with key details of the crime, Garrett says.
According to Garrett's study, all but two of the 40 false confessions involved such disclosures.
While police and prosecutors told courts and juries that the suspects provided details that only the actual criminal would know, Garrett found that the police investigators divulged those details during the interrogation process.
All three experts agree that false confessions start with improper training. It is not a police or prosecutorial misconduct problem, they say.
"That's what makes these cases so terrifying," Garrett says. "These people are innocent, and yet the cases against them appear to be very strong because what happened in the interrogation room was not documented."
Drizin, Garrett and Trainum say that complete video recordings of police interrogations would help reduce or eliminate wrongful convictions based on false confessions.
"The last thing most law enforcement officers want to do is put an innocent person behind bars," Drizin said.
NCJ is attracting attention to this USA Today article in order to promote public awareness to this long time, ongoing fault in our criminal justice system. Even though there is more realization of the problem by police, prosecutors and judges, the public (potential jurors) is the group that really needs to be educated as to how false confessions are produced.
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The Appeal Of Christopher Porco Continues....
Wednesday, October 19, 2011, 12:00 PM -
Special Report
Albany County
New York State's highest court, the Court of Appeals, has upheld Christopher Porco's conviction for murdering his father, Peter and seriously injuring his mother, Joan.
She testified at his trial (in his defense) that she had no recollection of remembering the crime or acknowledging to detectives that Chris was responsible. Expert medical evidence was presented to support her testimony and because of the extent of her brain damage, she would not have been able to consciously respond to any questions at the time. She apparently nodded her head indicating "yes" when asked if Chris had inflicted the wounds.
Porco's attorney wanted a ruling that would have declared a detective's testimony as unconstitutional. The attorney claims that the detective violated Porco's Sixth Amendment rights when he testified that Joan Porco indicated to him that Chris was the attacker.
The high court denied the appeal for a new trial by stating that in spite of the mother's incriminating response, it was deemed "harmless" to the jury and there was overwhelming evidence in the case that confirmed Porco's guilt.
As in Porco's case, the Westervelt case was appealed and also turned down at the lower Appellate Court level. However, because of the questionable allowed testimony of his mother's "head nod", Porco was allowed to appeal to the next highest Court of Appeals. Further appeals for Porco were indicated by his attorney. However, now they will have to be presented in the Federal Court System.
As reported in numerous earlier blog entries, the same police personnel, prosecutors and defense attorneys all participated in the Erick Westervelt case during the same time period.
The big difference between the cases is that there was absolutely no evidence that either placed Erick at the crime scene or connected him to it.
The Court of Appeals Decision
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Searching the Archives
Tuesday, June 28, 2011, 12:00 PM -
Special Report
Albany County
While searching back through the newspaper archives for a particular item, we came across some interesting articles pertaining to the Westervelt and Porco cases. Four years ago this week, Jarrett Carroll, an investigative reporter with the Altamont Enterprise posted two articles. Out of all the news accounts, NCJ regards this newspaper as producing the most accurate, in depth accounts of what took place in these two cases.
The "Enterprise" is a small Albany County newspaper that apparently has much more integrity than the large media sources.
Read the articles
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Will Words Lead To Action?
Sunday, May 15, 2011, 12:00 PM -
Special Report
Albany County
..... or is this wishful thinking! Many opinions have been offered through the years with regards to criminal justice reform and the miscarriage of justice. This attached article pertains to a relatively unknown Act within the federal system, which in turn has a direct bearing upon the states. The authors point out the flaws in the administration of the habeas corpus statutes that have been adopted from the U.S. Constitution. The consensus of these three Cornell Law School professors is that the current federal relief for a wrongfully convicted person has been severely marginalized and subsequently rendered ineffective.
Here is their article as posted in
The National Law Journal
The gutting of habeas for state defendants
May 16, 2011 - By John Blume, Sheri Johnson and Keir Weyble.
Fifteen years ago last month, President Clinton signed the Antiterrorism and Effective Death Penalty Act (AEDPA), which made substantial changes to federal habeas corpus law. Despite his assurance that "federal courts will interpret these provisions to preserve independent review of federal legal claims," we have witnessed the evisceration of habeas in the intervening years, making justice substantially more difficult to obtain for those wrongfully convicted in state courts. Unfortunately, we are now hearing calls for more radical restrictions of habeas in a wrong-headed bid to address budget concerns.
Habeas corpus, expressly guaranteed by our Constitution, serves the criminal justice system as a final check to ensure justice has truly been served. Literally translated as "that you have the body," a habeas corpus challenge enables an individual held in the government's custody to challenge the legality of the detention.
The AEDPA's provisions have stymied federal courts by placing overly restrictive limits on a person's ability to have the merits of his or her case heard. Petitioners are barred by time limits that run too quickly, are overly complex and can be difficult to calculate, even for seasoned attorneys. Even more damning, the law prohibits federal courts from remedying miscarriages of justice; they are powerless to correct many of the state courts' misinterpretations of U.S. constitutional or federal law.
The net result is that the AEDPA has effectively closed federal courtrooms to prisoners with legitimate claims. This closing is all the more troubling given the failure of states to provide adequate counsel and meaningful post-conviction review in their own systems. Many states do not appoint counsel for post-conviction review, no matter how serious the prisoner's allegations or how incapable he or she is of presenting these complex and technical claims. Other states provide wholly inadequate compensation to counsel, resulting in the appointment of lawyers with little experience or incentive to commit the time necessary to fully develop their client's case. These and other hurdles make clear that the wrongfully convicted can often only find justice through federal habeas.
Despite the wrongfully convicted who are languishing in prison because of the AEDPA's failures, there are those who would use the current budget debate to call for further restrictions on habeas petitions. Under these proposals, habeas would be available only in capital cases and those cases in which new evidence of innocence has been found. These are misguided and costly proposals. Habeas is absolutely essential to correcting wrongful convictions, and with no alternatives, habeas filers who today would make constitutional claims would instead have to make innocence claims, which could result in far more lengthy, fact-intensive litigation.
As we reflect on the anniversary of the AEDPA and consider the injustices it has wrought, there are reforms that state and federal lawmakers could adopt to effectively reduce the need for habeas review and increase the likelihood that meritorious habeas petitions receive a full and fair hearing. First and foremost, providing effective, adequately resourced counsel for indigent defendants in the trial and appellate phases is the best chance the criminal justice system has of getting it right the first time. Passionate attorneys with the resources to investigate their clients' cases will be able to address potential problems that arise during trial. Since many habeas claims are related to ineffective assistance of counsel, this is a critical reform. Prisoners should also be appointed competent counsel for post-conviction review. Evidence shows that when petitioners are given counsel to guide them through the labyrinth of post-conviction review as they are in capital cases win rates go up.
Although adequate counsel will significantly reduce the need for federal review, errors will still occur in state proceedings. Congress should allow federal courts to perform robust, substantive review of habeas petitions, with the authority to correct state court holdings that erroneously apply U.S. constitutional and federal law. Beyond these proposals, there are numerous other reforms Congress can adopt to improve habeas.
Post-conviction review in the federal courts may cost some money, but certainly for the wrongfully convicted indeed for all Americans wary of an overreaching government the constitutional right to challenge one's detention is priceless. Congress must reform the AEDPA to restore this right to the hallowed position our founding fathers intended.
John Blume, Sheri Johnson and Keir Weyble are professors at Cornell Law School.
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Girls' Varsity Volleyball Head Coaching Position
Hardin Northern Local School District is actively searching for a qualified individual to lead an up and coming girls' varsity volleyball program. The current 8th grade (next year's freshmen) team finished the year undefeated, and was undefeated in 7th grade as well. The current 7th grade team finished with only one loss this year. There are also 4 varsity letter-winners returning for next year. Available teaching positions are not known at this time.
In 2011, Hardin Northern Local School District completed a $13 million school renovation, including the construction of a brand new varsity gymnasium, which is used solely for varsity volleyball and basketball.
Qualified candidates for the following position seeking consideration are encouraged to submit a cover letter, resume, and references to Mr. Craig Hershey, Athletic Director, via email to firstname.lastname@example.com. Position is open until filled
Hardin Northern looking for Head Coach.........
Started by Rocketman, Jan 23 2014 06:13 PM
5 replies to this topic
Posted 23 January 2014 - 06:13 PM
home to the "Flounder & Rocketman's" Girls HS rankings
Posted 20 February 2014 - 09:09 AM
Congrats to LCC Grad Danielle Taflinger for getting the job!!
Posted 01 May 2014 - 07:26 AM
Osu4me, on 20 February 2014 - 09:09 AM, said:
Congrats to LCC Grad Danielle Taflinger for getting the job!!
She bailed on HN already. Resigned Monday (???) from what I understand.
Posted 05 May 2014 - 07:40 PM
She was offered a teaching position at Findlay HS if she would join the Findlay VB staff so she accepted. I guess at HN she wasn't offered a teaching position
Posted 07 May 2014 - 10:39 AM
Tough luck for HN. Pretty late to start looking again.
Posted 22 May 2014 - 04:29 PM
Still looking???
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text:
Standard non-shared quota
From Linux-VServer
Want to enable quotas from within a vserver, nothing special, just plain old and good quota support? Then this might help you! First things first, you will need a vserver enabled kernel that you have made working and you need to add vroot support to it (In menuconfig it is in Device Drivers → Block Devices → Virtual Root device support).
After booting on the vroot enabled vserver kernel, you should have a directory /dev/vroot/ with 8 vroot devices (0-7) you can use to set up your quota, if you don't, then you may make them by mknod /dev/vroot/n b 4 n (where n can be from 0 to 7). If your Linux distribution uses udev, these will be at /dev/vroot[0-7] instead.
Use vrsetup to tell the kernel what block device you want to handle quota for:
vrsetup /dev/vroot/0 /dev/evms/vs
vrsetup /dev/vroot/0 /dev/lvm/vserver0
vrsetup /dev/vroot/0 /dev/hda5
Depending on what partitioning scheme you're using.
Setting up the vserver for quota is straight forward: (you need util-vserver 30.208 or newer) 1. Create a default mtab for the guest. To do this, add:
/dev/hdv1 / ufs rw,usrquota,grpquota 0 0
to /etc/vservers/<name>/apps/init/mtab
2. Add the quota capability to the guest vserver. Add:
to /etc/vservers/<name>/ccapabilities
3. Copy the vroot device which we setup earlier to the vserver:
cp -af /dev/vroot/0 /vservers/<name>/dev/hdv1
Finishing the setup:
1. Start your guest. 2. Inside the guest, run:
quotacheck -maugv
3. Still inside the guest, turn quotas on.


text:
Among luxury sedans, the Volvo S80 has always been something of an alternative choice. Through two generations, Volvo's largest sedan has spurned outright luxury and serious performance in favor of cutting-edge safety features and in-cabin technology. And, in a class dominated by rear-drive sedans, Volvo continues to tout the virtues of front-wheel drive, while offering all-wheel drive as an option.
There are plenty of premium-brand sedans that feel more upscale than the S80. There are just as many that surpass its balance and grip on a winding back road. Yet the Volvo S80 is certainly one of the safest cars money can buy. It also boasts some of the industry's most supportive seats.
For luxury sedan buyers whose tastes diverge from the mainstream, the Volvo S80 is an interesting car to consider. And with a price tag that undercuts many European and Japanese-brand competitors, it can be a sensible option as well.
Current Volvo S80
Despite its appearance, the Volvo S80 is only midsize in dimensions, which means it can seat four adults comfortably but doesn't have yards of legroom to spare. It's about the same size as the Acura RL, the competitor it most closely resembles in personality and performance.
There are two versions of the S80. The entry-level S80 3.2 is front-wheel drive and is adequately motivated by a 3.2-liter inline six-cylinder with 240 horsepower. Buyers seeking performance more befitting a luxury car will undoubtedly prefer the S80 T6, which uses a turbocharged 3.0-liter inline-6 good for 300 hp. It uses the same six-speed transmission as the base S80, but power goes to all four wheels via a standard all-wheel-drive system.
Both Volvo S80s come standard with the usual luxury amenities, including leather upholstery, wood trim, Bluetooth phone and audio connectivity, power-adjustable seats and dual-zone automatic climate control. Major options include front/rear park assist, heated front and rear seats, an excellent 12-speaker sound system, a navigation system, a rearview camera, a dual-screen rear entertainment system and (T6 only) a sport-tuned suspension.
On the safety front, the blind spot warning system and collision warning system (bundled with adaptive cruise control) are worthwhile options for long-distance commuters to consider. The City Safety system -- which can detect an impending low-speed collision and then automatically apply the brakes to avoid or minimize it -- is standard. Although the Personal Car Communicator (PCC) is basically a glorified security system, its transponder has a heartbeat sensor to let you know if someone is still in your Volvo after the alarm has been activated.
Useful features like these are the main reasons someone might want to buy a Volvo S80. The utter comfort of the front seats and a reasonable price tag are additional points in the car's favor. In other respects, though, the Volvo S80 comes across as tepid compared to its luxury sedan rivals. It rides comfortably, handles predictably and stops short, but otherwise does little to engage its driver. And although its cabin has all the expected amenities, it lacks the unrestrained elegance and exacting quality of competitors' interiors.
Used Volvo S80 Models
The current S80 represents the second-generation Volvo S80 that debuted for the 2007 model year. Although it didn't change drastically in size or appearance compared to the first-generation model, this newer S80 moved to an all-new platform and adopted a new pair of engines -- the base inline-6 and the V8 -- not to mention an impressive array of safety technology. At the time, the available 4.4-liter V8 produced 311 hp.
The following year saw the addition of the turbocharged inline-6, then rated at 281 hp. Strangely for a luxury sedan, the S80 didn't offer standard Bluetooth or xenon headlamps prior to '09. A mild face-lift with a revised grille (sporting a much larger Volvo logo) and chrome accents took place for '10, which would also be the last year for the V8 model. For 2011, the remaining two versions got slight power increases (the base version from 235 to 240 hp and the T6 from 281 to 300 hp). Not much has changed since, apart from those earlier S80s lacking the current version's newly standard Bluetooth audio, multifunction color monitor and City Safety system.
Driving enthusiasts should also know that the S80 V8 could originally be equipped with a Sport package, which provided 18-inch wheels, Volvo's sport-tuned "Four-C" adaptive suspension, speed-sensitive power steering and ventilated front seats. These items became stand-alone options on the V8 for 2010, while the sport suspension could be had on the T6 via a new Dynamic package.
Prior to this, Volvo sold the first-generation S80 from 1999-2006. This car was similar in dimensions and focus to today's S80. It heralded a new styling direction for Volvo's sedans, as its curvy body lines were a dramatic break from the company's boxy designs of the '80s and '90s. Even today, the original S80 has a Scandinavian coolness that keeps it from looking dated. However, significant concerns about reliability have driven down its resale value -- good for bargain hunters, but not so much for owners.
Volvo offered the S80 with three different engines, two of them turbocharged. The most interesting of these was the T6, a twin-turbo inline six-cylinder rated for 268 horsepower. (Initially, the T6 displaced 2.8 liters; in 2002, Volvo enlarged it to 2.9 liters with no change in output.) Volvo claimed a 6.8-second 0-60 time for the S80 T6, but even with a standard four-speed automatic transmission driving the front wheels, the car felt quicker than that. Serious torque steer was the major knock against the T6 model. Volvo discontinued it after 2005.
From 1999-2004, a naturally aspirated 2.9-liter inline six-cylinder good for 197 hp motivated the base Volvo S80. It, too, was available only with a four-speed automatic and only with front-wheel drive. In 2004, a turbocharged 2.5-liter inline five-cylinder known as the 2.5T joined the lineup. Rated for 208 hp, it offered significantly more torque than the 2.9-liter, while engaging the services of a more sophisticated five-speed automatic transmission. The 2.5T was the only engine that could be had with front-wheel drive or all-wheel drive. And in '06, it was the only engine you could get on the S80.
Acceleration was modest with either of the lesser engines, but otherwise the driving experience was agreeable in the S80, with a comfortable ride and sure-footed handling. Those seeking added control should look for an S80 with the Four-C adaptive suspension, which was offered as an option on 2004 and later models. Dual-zone automatic climate control, a CD audio system and a telescoping steering wheel were standard throughout the run. Options ran the gamut in the first-gen Volvo S80. In addition to expected items like a navigation system (DVD-based from '02 onward), a high-quality Dolby sound system and xenon headlamps ('02 and up), Volvo offered a rear-seat refrigerator, a dual-screen entertainment system and even a fax machine ('01 only) in certain high-line T6 models, which were called Executive, Elite or Premier depending on the model year.
Still, the best reason to consider buying a used Volvo S80 is its high level of safety. It earned five stars in all government-administered front- and side-impact crash tests, as well as a "Good" rating from the Insurance Institute for Highway Safety. Additionally, a full menu of side airbags and dynamic front head restraints were standard throughout its eight-year run. The one feature to pay attention to is stability control: It was standard on T6 models but optional on all other S80s.


text:
Utah City Settles with Man Who Flipped Off Officer
OREM, Utah (AP) - A Utah city has reached a settlement in a lawsuit that alleged a police officer violated a man's constitutional rights by pulling him over for giving the officer the middle finger.
The American Civil Liberties Union of Utah had sued on behalf of Seth Dame, who flipped off an officer driving by on June 25, 2010.
The organization says the officer stopped the car Dame was riding in and cited him for disorderly conduct.
The city declined to prosecute the case, but the ACLU claimed the incident violated Dame's constitutional rights under the First and Fourth amendments.
Orem police have agreed to continue First Amendment protection training for officers and pay $5,000 in damages and attorneys' fees.
The ACLU says allowing police to detain people for rude behavior would give officers wide discretion to harass people.
Copyright 2012 by The Associated Press. All rights reserved. Material may not be redistributed.


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text:
The Master of Darkness investigates bizarre crimes in classic pulp novels by Walter Gibson and Theodore Tinsley writing as "Maxwell Grant." First, The Shadow undercovers racketeers behind the glamour and gaiety of a "Crime Circus." Then, an off-trail mystery leads The Shadow from Manhattan's Madison Square Garden to a Western dude ranch to save innocent victims from the strangling coils of the "Noose of Death." This instant collector's item features the original color pulp covers by George Rozen and Graves Gladney, the classic interior illustrations by legendary illustrator Tom Lovell and commentary by popular culture historians Will Murray and Anthony Tollin.
As is typical of the magazine stories from the early 1930's, this version of The Shadow is at his prime. He's powerful; he's invincible. He shoots more and misses less. The bad guys aren't just wounded; they fall with a bullet in their brains. And the dead bodies begin to stack up like cordwood. This is The Shadow that you don't want to mess with. He's one mean mutha!
We start off with a two-chapter prologue that takes place in Manhattan. We track down a crime boss by the name of Dombo Carlin at the Black Ship. It turns out he's working with his partner, Croaker Zinn. But Croaker Zinn is out of Manhattan on the road with the circus, traveling the mid-US from town to town. Combo Carlin is gathering up torpedoes (that's gunmen to you and me) and sending them out west to join Zinn at the circus.
The Shadow wants to track down Croaker Zinn, so he has stalwart agent Cliff Marsland infiltrate Dombo Carlin's gang. And sure enough, Dombo Carlin sends Cliff out to join the circus where Zinn is hiding out, planning his crimes. Cliff is given the secret password that will identify him at the circus. And it's none too soon, because shortly thereafter Dombo Carlin and his gang are wiped out in a gun battle with The Shadow.
The circus action all begins in chapter three, and from then on we follow the circus as it travels from town to town. The setting of the story stays with the circus until the rousing climax of the tale. Cliff Marsland shows up at the Larch Circus and Greater Shows as it plays in a town called Marlborough. He checks out the main tent, then the sideshow, Captain Guffy's Ten-in-One. It's there that he hears the secret password given him by the New York gangster.
"Ceylon." That's the tip-off. When he hears the password uttered by Princess Marxia the snake charmer, he gives the response, "Where is Ceylon?" Now, probably that's not the most foolproof of exchanged passwords, but it works in this story. It does make me wonder how many honest folk visiting the sideshow asked that same innocent question and were accidentally assumed to be thugs sent from Dombo Carlin in New York. But that's never addressed, so we'll move on.
Now that Cliff Marsland has identified himself, he's inducted into the ranks of the gang. He's given a special tattoo on the inside of his left forearm; it's a red circle. When he's mixed with the other roustabouts, he can identify fellow members of the gang by that secret symbol. All of the thugs secretly working for Croaker Zinn have that sporty little tattoo on their arms. When they roll up their sleeves and flash that red circle to others, they can recognize each other as fellow paid torpedoes for Zinn. And hopefully, honest circus folk won't wonder about the abundance of red circles tattooed on left forearms. The honest folks aren't too bright, it seems. Or at least too inquisitive.
Yes, Cliff Marsland is now on the job. But he's not alone. The Shadow has come to the circus as well. He skulks about in the darkness, and discovers Professor Solva and Madame Solva, the sideshow mind reading act, passing counterfeit money. Counterfeit one-dollar bills, as well. Not too smart, since there wasn't enough profit in it. They say that today, the twenty-dollar bill is the most counterfeited. Back then, I believe it would have been the five.
But regardless, this gang is making up queer ones. And it's gotten the attention of the Feds. So by the time The Shadow appears at the circus, secret service man Vic Marquette and his crack team of agents are already on the scene. They take out the mind-reading couple, which leaves an empty spot in the sideshow. A perfect opportunity for The Shadow.
The Shadow joins the circus as sideshow performer Zoda the Magnificent, mind-reader extraordinaire. And once he's securely ensconced as one of the sideshow performers, he can keep an eye on the suspicious activities. Can he discover the identity behind which hides the master criminal Croaker Zinn? And who is trying to run the circus out of business? And why? What is the secret past of Lucille Lavan, Queen of the High Wire? There's a thousand questions for The Shadow to answer, and answer them he will, as he battles in the crime circus.
For most of the story, The Shadow battles with only Cliff Marsland at his side. Yes, good old Cliffie gets the lion's share (a little circus-pun, there) of the action in this pulp tale. But as we near the end, The Shadow brings in trusted agent Harry Vincent as well. The only other agent appearing in this story is Burbank, who appears in the first two chapters that take place in Manhattan.
Secret Service agent Vic Marquette is a semi-regular, and is the representative of law and order in our tale. Vic also gets to donn some makeup and appear in disguise. Since that disguise isn't revealed until the end of the story, I won't specify his character here. Don't want to spoil the surprise ending for you.
And speaking of makeup, The Shadow gets to show off his mastery of makeup here. He appears in several different guises. Not only does he skulk through the night in his cloak of black, but he also appears on stage as Zoda the mind reader. He shows up briefly in his favorite disguise as millionaire Lamont Cranston, as well as one of my personal favorites, Fritz the dull-faced janitor at police headquarters in New York. As usual, poor old Fritz doesn't get much dialogue. About three "yah's" is all.
This is one of the more exciting of the Shadow pulp novels. The Shadow is quick-triggered and has no compunction about shooting to kill. He moves through the night in total silence. No one sees him unless he wants them to. And he's extraordinarily strong, carrying a beefy hoodlum over his shoulders as he jumps across Manhattan rooftops.
And The Shadow once again displays his mastery over the beasts. In one scene, he enters a tiger's cage in the middle of the night. The killer beast readies to attack, but The Shadow issues a mysterious hiss. With a catlike whine, the big beast shifts, raises one paw, and settles down, his striped head between his paws. The man-eater has felt the dominating power of The Shadow's amazing presence.
We get to see a lot of the circus, especially behind the scenes. We meet Eric Wernoff, the Animal King. Jubo, the wild man from Java. Baby Liz, the fattest of all the fat women. Cleed, the Cigarette Fiend. Luke, the Tattooed Man. Princess Marxia, Queen of the Reptile World. And more!
You know, looking back at those sideshows of yesteryear, they were unbelievably policically incorrect. Today most of the people on display in the old sideshows would be called handicapped or challenged. Back then, they were called freaks. And people paid to gawk at them and make rude comments aloud. My, how time changes.
I mustn't forget to mention the rubber suction cups. The famous ones that The Shadow uses to scale the outside walls of buildings. He uses them in this story to scale the outside of a local hotel. He only gets up to the second or third floor, but it's still a pretty amazing feat.
It should be pointed out that there were few female villains in author Walter Gibson's stories. But this story had one. Princess Marxia, the snake charmer who originally identified Cliff Marsland as one of the gang, is as murderous as her male cohorts. And in the end, she meets poetic justice at the hands (fangs) of her poisonous serpents. That's another rarity for Gibson: death of a female. Unlike alternate Shadow author Theodore Tinsley, Walter Gibson rarely let a female die.
And what about Cliff Marsland's "red circle" tattoo? Back in those days you couldn't get tattoos removed. There was no laser surgery; there were no lasers! Back then, when you got a tattoo, it was for life. So, how did he explain the tattoo to the wife? He was the only married agent, remember. That happened in 1932's "Mobsmen on the Spot." I can just hear her screaming at him, "Where have you been? Out on a two-week drunk and came back with a tattoo?"
But come to think of it, we haven't heard anything of the little woman since "Crime Cult" published two years previously. Maybe by this time she was out of his life. Maybe she got tired of those unexplained disappearances for days on end while he was helping The Shadow fight crime. We'll never know for sure, because Walter Gibson never put the details on paper. She just faded away. And as for Cliff, he apparently lived out his life with a red circle on his left forearm.
Sometimes when you're reading a particularly good pulp novel, you just can't put it down. That's the sign of a good one. And that's how it was for me when I read "Crime Circus." I just couldn't put it down. So, it gets a big thumbs up from me. Highly recommended!
At the beginning of our story, Inspector Joe Cardona is returning to New York on the Twentieth Century Limited. He spies a man with the slight but unmistakable signs of plastic surgury, and before long has identified the unknown man. It's Gunner Malone, wanted in New York for a dozen atrocious murders!
Gunner Malone was in that hotel room to meet with Jack Bishop and plan on the culmination of a scheme to steal something worth millions from "a man who doesn't know he has it." Jack Bishop was a worthy associate of Gunner Malone. Although supposed to be a Wall Street broker, his real racket was gambling. But before Malone can tell Bishop the details of his evil plan, he's mysteriously murdered by that lariat right before Bishop's eyes.
Ralph Trent has just been released from prison. He spent six months in Sing Sing, convicted of the theft of bonds from the vault at the bank where he was cashier. The missing bonds were recently found out west and young Ralph was exonerated. Ralph has been pardoned by the governor and is returning home to Ferndale. There his father, Charles Trent, waits for him penniless, all his wealth spent on clearing his son's name.
And into all this steps The Shadow. The Shadow is involved from the beginning when Gunner Malone is strangled by lariat. And as more deaths pop up, each accompanied by the small six-inch noose lying by the body, The Shadow narrows down his search for the guilty party. Yes, bodies start dropping like flies. And before this story is over, it will take the cunning of The Shadow to reveal the secret treasure, to unmask the killer, and to rejoin the star-crossed lovers.
Lots of interesting little tidbits about the characters appear in this story. There's The Shadow's car, for instance. When he's not having Stanley chauffeur him around in the limousine, The Shadow likes to drive a light, low-priced car. But under the hood of the coupe is a racing engine custom-built to special order. And secret compartments in the car contain everything from burglar tools to a compact kit of theatrical make-up. Too bad this car isn't mentioned very often in the other stories. It sounds really interesting!
We also get to see The Shadow's mastery over beasts again. In other stories, we've seen The Shadow's ability to control dogs and other smaller animals. Here, he also tames a bucking bronco with his strange abilities.
Stanley, Lamont Cranston's chauffeur, gets into the action a bit, here. Although he was never one of The Shadow's secret agents, and had no idea that his master was actually The Shadow in disguise, he still gets to do a little work for The Shadow. He's assigned the task of keeping an eye on slippery Jack Bishop, the gambler, and performs his job quite well. It's explained that "he never questioned Lamont Cranston's unusual orders; for he thought Cranston a bit eccentric."
A couple oddities, though. In one passage of the novel, we read that inside Cranston's briefcase is his robe and slouch hat. Robe? It's a cloak! Since when was it called a robe? I don't remember ever seeing such a refernce before. Makes me wonder if it was a typo that slipped past the editors, or if the word "robe" was being used as a synonym for "cloak."
This is a slightly more violent Shadow novel than usual. And that can be explained by the fact that it wasn't written by Walter Gibson, but rather Theodore Tinsley. Tinsley is noted for his more graphic Shadow stories. But he's rather restrained in this one. No torture. No graphic descriptions of death. No sex. Just a little extra "edge" that tips you off to the fact that it's not one of Gibson's stories. That, and the underground cavern. Tinsley loved caves and caverns, and they usually wound up in his stories. And such is the case, here.
I really enjoyed this story, as I do most of Tinsley's work.


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Olivia loves Disney's Frozen princesses, all things sparkly, bright tights and ballet. During her family's Cuban vacation last summer, she danced in the children's "mini-disco" before the evening shows, twirling and leaping across the stage. One night another guest turned to her parents, exclaiming, "Your daughter is the girliest girl I've ever seen!"
Olivia was born a boy.
She "socially transitioned" from male to female, in nursery school last year. She was four years old.
Today, she attends kindergarten at a Montreal primary school. Only her teachers and the school board know she is transgender, for now.
Olivia (not her real name to protect her identity) is part of a growing phenomenon that is being celebrated but which is also raising strong emotions: an increasing number of children as young as preschoolers appearing at gender identity-clinics across the country, convinced they are of the opposite sex.
As society becomes more accepting of LGBT people — witness a famed Olympian's male-to-female transition playing out in the glossy pages of celebrity magazines, and trans rights bills and laws mandating gender-neutral bathrooms making their way through legislatures — families are increasingly supporting, not forbidding, their children to live in the gender they feel, and not the one "assigned" at birth.
"We don't get a lot of demand for 'Fix my child,' or 'Change my child,' thankfully," says Dr. Stephen Feder, co-director of the Children's Hospital of Eastern Ontario's gender diversity clinic in Ottawa.
But the proliferation of gender clinics and the growing trend to "socially transition" children barely out of toddlerhood are raising some thorny questions, among them: how can a four- or five-year-old possibly know their gender at such a young age? When is too young to begin the changeover?
Doctors say they are seeing a slow, but steady increase in referrals for children as young as three and four displaying "gender non-conforming behaviours" that run a spectrum, from boys dressing in stereotypical "girlish" clothes, or sometimes even pretending to not have a penis by pushing it between their legs, to "gender dysphoria" — psychiatry's label for the distress that may accompany the "incongruence" or mismatch between "one's experienced or expressed gender and one's assigned gender."
"I've had children say, 'God made a mistake,' or, 'when will my penis fall off,' or 'when will I grow a penis,'" says Feder.
He and others in his field were outraged when two Alberta family court judges, in a bitter custody dispute involving a five-year-old in Medicine Hat, ruled that the child, born male, couldn't wear girls' clothes in public.
Experts called the restriction (later lifted by a third judge on the advice of a court-appointed child psychologist, according to the child's mother) ludicrous and potentially dangerous. Many said it smacked of prejudice and want to outlaw, as Ontario has already done, "reparative," or "conversion" therapies that posit there's a certain plasticity, or malleability to a child's brain so that the right intervention could somehow cure them of their gender nonconformity. In other words, don't let a boy play with Barbie or wear sparkly eye shadow and there's a good chance his brain will respond and revert back to identifying with his anatomical sex.
Groups such as the Canadian Paediatric Society have denounced that approach as unethical.
Still, the issue of persistence is a minefield. One widely quoted study co-authored by Dr. Kenneth Zucker — the controversial psychologist and sexologist who last year was ousted from his 30-year directorship of the Centre for Addiction and Mental Health's gender-identity services after an external review concluded that not all his practices, according to CAMH, were "in step with the latest thinking" — reported 80 per cent of children treated for gender dysphoria are no longer expressing gender identity issues by high school. They grew to accept the sex they were "assigned" at birth.
However, critics say the study didn't distinguish between children with "consistent, persistent and insistent" gender dysphoria (a diagnostic criterion) and boys who just liked to play with dolls or girls who acted more masculine but were never truly trans to begin with.
Feder argues treatment of the child shouldn't be sidetracked by any "statistical predictions."
"It is probably safe to say that those who are most entrenched in gender expression that is different from their assigned gender are most likely to identify as trans after puberty."
The research, however, is sparse. Doctors aren't aware of any cause. There's some speculation around exposure to hormones in the womb, but Feder and others say what's clear is that transgender isn't an "acquired phenomenon," or the result of exposure to a particular experience or abuse. "It's part of their biology," he says. "Why their biology turns out in that way, I don't think that's known."
Sydney Webster's hair used to be long, though it was never loose but always braided or in a ponytail. Whenever people would say, "You're such a princess," it seemed to bother Sydney.
As a toddler, Sydney had a drawer full of dresses and skirts — none ever worn. Sydney liked wrestling and playing with boys, cars and trucks. Mother Angie Webster couldn't put her finger on it but says she always sensed her only child felt somehow lost.
This past spring, Sydney told Angie, "I feel like a boy, mom."
No mom, I feel like a boy
"I said, 'so you like to play with boys, and things boys would typically like to play with.' And he said, 'no mom, I feel like a boy.' "
Sydney asked to have his head shaved. When Angie and her husband, Cole, a geologist, agreed to have it cut short and scrubby first, not entirely bald, "the look of confidence on his face, he was just so happy."
He asked to start using male washrooms (which he did). He asked his parents not to correct others when they called him a boy. Then, in September, "he told us he wanted us to use male pronouns," Angie says. Sydney (his birth name) returned to school for second grade as a boy.
The family says it has received overwhelming support from the school and the Calgary Board of Education, which earlier this year strengthened and entrenched rules around gender diversity under Alberta's Bill 10.
"Until he told me, 'I feel like a boy,' I could sense he was searching for something," Angie said. "I've never really been someone who, you know, when you hold your baby and imagine their life and imagine them getting married. I've always just loved Sydney. Sydney is just Sydney to me."
Sydney has told his parents he doesn't want to go through puberty as female. "He wants to have a beard; he wants to experience being like a man, fully, physically," his mother says.
"For now, Syd is able to just enjoying being a kid. It's all very innocent. But I know in the future, as Sydney approaches puberty, he, and we, will have some important grown-up decisions to make."
What at birth defines our gender? It's not our "externals," says Dr. Norman Spack, co-director of the Gender Management Service program at Boston Children's Hospital.
Gender is different from anatomic sex, and from sexual orientation. It describes our self-concept, Spack said in a 2014 TED talk. "Do you see yourself as male or female or somewhere in the spectrum in between?"
Spack says it's normal for children to act in a "cross-gender play and way." However, by puberty — 10 to 12 for girls, 12 to 14 for boys — a child who is still convinced "they are in absolutely the wrong body is almost certain to be transgender and is extremely unlikely to change those feelings no matter how anybody tries reparative therapy or any other noxious things," Spack says.
Doctors argue that using puberty blockers gives children time to explore their gender identity, without the trauma of watching their bodies evolve into the "wrong" sex. Feder describes trans boys (female to male) who wanted to cut their breasts off, or who bound them with tensor bandages.
But others argue gender isn't fully formed until a child goes through puberty. Ethicists, as well, question when children are mature enough to provide informed consent, or fully appreciate what it is they are agreeing to, not just puberty blockers that can affect bone density, but later, cross-sex hormones — estrogen so the trans girl develops a more rounded figure, testosterone to give trans boys a more angular jaw and masculine physique. What happens if they begin medically transitioning and change their minds? How far do we intervene with a young child?
"We don't have a lot of data that say, if we do this, stop puberty, are you happy later on," says bioethicist Arthur Caplan.
When you're dealing with a young kid, it's really murky
"It's one thing to be respectful of what an adult chooses to do. But when you're dealing with a young kid, it's really murky."
Others such as the University of Washington's Kristina Olson insist that the only intervention being made with the youngest children is a non-medical and entirely reversible one — a social transition.
A newly published study by Olson and colleagues tracking American and Canadian transgender children report those who socially transitioned have no higher rates of depression than their non-trans siblings, or a group of age- and gender-matched "controls," and only slightly higher rates of anxiety, a finding that's in stark contrast to other studies showing higher rates of depression, anxiety, suicidal thinking and self-harm among teens and young adults prevented from social transitioning when they were younger.
Those who work with transgender children argue parents aren't being pushed into socially transitioning every child who isn't conforming to cultural gender norms.
Even with the Medicine Hat case, "I think there's an assumption that because this child wished to express their gender in a certain way, that automatically meant that the kid was going to be transgender later on. That may or may not be the case," says Dr. Joey Bonifacio, a Toronto pediatrician and adolescent medicine specialist.
However, "if a child is presenting at age three, four or five, there probably is something that is biological that we haven't yet found," Bonifacio says.
Olivia's mother is a university economics professor, her father a project leader in materials science. They view the world through a scientific lens and, so, when Olivia kept announcing, beginning at age two, 'when I grow up, I will be a girl,' they tried to rule out the variables. When she hung shirts on her head and down her back to pretend she had long hair, was it all just innocent make-believe? When she pulled skirts out of the daycare dress-up box and almost only ever played with the girls, was it because some of the boys were so rough?
"We thought, maybe he can't find his place," Olivia's father says. So they switched daycares. "The same thing happened."
Her parents turned to the gender variance clinic at Montreal Children's Hospital, where they were encouraged to "open her horizons," her father remembers. They bought dresses and skirts. Early this year, Olivia switched to a feminine name and using the feminine pronouns "she" and "her." Recently, her parents, under Quebec's Bill 103, changed her birth name and gender on her birth certificate. She feels, and "presents" herself to others as a girl, and her parents are raising her accordingly.
Olivia's transition hasn't been easy. At the daycare where she transitioned, the teachers refused for weeks to call her by her chosen female name. "They let the other children make comments — 'you're not a real girl,' 'you have a boy face,' without understanding these comments are a form of intimidation, affecting Olivia's self-esteem," her mother says.
She thinks parents are judged more when a child transitions at such a young age. "We received many looks that implicitly said, 'They're messing up their boy by letting him wear girl clothes and believe he is a girl. What freaks, what are they thinking? Did they want a girl? Or aren't they able to tell their boy that he is and should act as a boy?' "
"Gender is non-binary," Olivia's father argues. "Later on she may continue to be a girl, or she may be more fluid or androgynous. We don't know yet.
"So things are more complicated than, 'We understand. She's a girl forever.' "
• Email: firstname.lastname@example.com | Twitter: sharon_kirkey


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Understand the latest trends in DevOps, continuous delivery and cloud.
Digital transformation is driven by software. However, expectations are increasing, for faster and more frequent changes to meet customer demands, and stay competitive. In fact, organizations that are able to transform quickly by adopting DevOps and continuous delivery practices are outpacing their peers. In this research based report from Enterprise Management Associates learn about:
- New requirements for delivering IT services faster and more frequently
- Key factors in establishing successful DevOps and Continuous Delivery environments
- BMC capabilities to support DevOps, Continuous Delivery and Cloud


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As Digital Preservation Fellow with Rhizome, my work has focused on archiving works of net art from the live web into the ArtBase. Net art, despite the benefits of being abstract - it rarely gets moldy! - is built on exceptionally fragile media. A server failure, domain shift, or missing file is enough to effectively destroy a work of art. As such, to properly preserve the pieces in the ArtBase, I work alongside Ben Fino-Radin to crawl, download, and adjust works for hosting in our archive. The scope of the ArtBase - from hypertext experiments to Twitter-fed visualizations - brings me in contact with an array of technologies, media, and unexpected use cases. While nearly every work of net art in the ArtBase founded on HTML, most go beyond it: embedded multimedia is very frequently used for a variety of purposes and effects. As such, developing a system to download and preserve complex media objects is of tremendous importance to my work.
Splash screen, Inflat-O-Scape (2001)
SWF, as a format, presents a number of challenges for art conservators and archivists. As a binary format, it cannot be immediately parsed by text-friendly tools (such ...


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On the occasion of the 37th session of the World Heritage Committee, Phnom Pehn, Cambodia, an information meeting was held on the 2nd Cycle of the Periodic Reporting Exercise for Europe and North America.
The meeting provided an opportunity to update the State Parties from Europe and North America on the progress of the implementation of the Second cycle of the Periodic Reporting, to exchange information and to discuss priorities and planning for the future.
The event took place on Friday 21 June 2013 in Room 1 and 2 of the Peace Palace.


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Sarah wrote earlier that this award season is looking stacked, with one prestige film after another releasing impressive-looking trailers as we approach both the Venice and Toronto film festivals and then heavy campaigning this fall. Remember, the Oscars aren't until March 2014 because of the Olympics. We will all be falling over from awards fatigue by February.
So here's your first preview of American Hustle, directed by David O Russell, his follow-up to Silver Linings Playbook, with many of his regulars returning to work for him including Oscar winners and nominees Christian Bale, Jennifer Lawrence, Amy Adams, Bradley Cooper, and Jeremy Renner. This, you remember, is the film for which Coop had to have his hair permed. But, really, his curls just blend into the crazy hair landscape of the whole movie. Bale has hilarious hair too. And Renner. And the women go big as well. It's amazing. All of it. The wide lapels, the cleavage, the lipstick, the gold chains, it's all amazing.
Also, Christian Bale is kicking Cooper's ass in every scene where they have to act opposite each other.
To me though, the real standout from these 2 minutes is Amy Adams. Amy Adams looks fearless in this performance. Is it finally, FINALLY time for Amy Adams? Look at her. Look at her strutting there in the open. Look at her throwing herself around. It's exhilarating. She's electrifying. I can't wait to watch her.


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Veganize It: The Year In Review
What a year it has been here at Veganize It...Don't Criticize it! No recipe this week. You have one minute to weep.
Okay, that's enough, pansy.
Instead of ending the year with a recipe, I decided to do a year in review! It has been quite a ride in my kitchen. First, I had to move kitchens from west side to half-way east side. I assure you, moving my kitchen is perhaps one of the most daunting challenges I could possibly face. My kitchen required more boxes than my bedroom and living room combined. Then, I moved into an apartment with not only the shittiest oven I've ever had the displeasure of using, but with about half the cabinet space I had grown accustomed to having.
Jane has grown quite fond of showing our guests the overly-stocked-with-
Anyway, on to the review. Let's start at the very beginning. Some of the recipes I chose were my favorites from the past year, and others were your favorites.
January's Heirloom Bean, Red Russian Kale and Wheat Berry Chili [above] post started off my year with a bang when it accidentally sparked international controversy. Turns out my sense of humor doesn't cross cultures, and I received more Paraguayan and Brazilian hate mail from Avril Lavigne fans than I can even count.
'Nuff said.
The most decadent vegan mac and cheese you will ever eat. Yes, the ingredients are a bit of a treasure hunt...but why should vegetarians get to have all the fun?
Like the title says, "Veganize It...Don't Criticize it.
If you couldn't tell from my 9 million blog posts including Morel Mushrooms, they are one of my favorite earthly gifts. This recipe tops my top 10 list of "Ways To Enjoy Morels". Yes, they're pricey. Yes, I pawned my grandmas old necklace to but a pound. And yes, it was worth every ounce of Jew Guilt I experienced.
A spicy surprise for my mother's birthday. Unlucky for her, chipotle and chocolate have similar coloration muahaha.
It's getting cold out. Keep warma with Shawarma hahahaha. Oh, really...I'm just too much.
Porcini, Shiro, Sake, Brown Rice Vinegar Reduction
And that concludes our Veganize It! Year In Review. I hope you have the munchies as badly as I do right now from all these photos. Well, it could've been the joint that magically disappeared as I was writing this post. Just kidding. I don't BUI (Blog Under The Influence).
See you next year, kids.


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Season 16
Take a look at the life of Nero and find out what history may have gotten wrong about him.
The Nero Files
Uncover the story of early America's free black communities via 150-year-old remains.
The Woman in the Iron Coffin
Leonardo, The Man Who Saved Science
Was Leonardo a copycat?
Leonardo, The Man Who Saved Science
Follow archaeologists who map underwater ruins of ancient Rome's version of Las Vegas
Nero's Sunken City
What did Vincent Van Gogh really do on the night of December 23, 1888?
Van Gogh's Ear
Explore the charred remains of a 3,000-year old English settlement


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Top Window Washing Company Houston Tips!
Top Window Washing Company Houston Tips!
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Get your electronic cam and also begin snatching photos of your area just before the venture starts. Hey I also recorded my partner laid to rest in brochures, journals, plannings as well as publications on the chair as she investigated our kitchen space remodel. She didn't liked the go yet in the long run I assume she will definitely reflect on that and also laugh. After the costs have actually been actually spent I could include.
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- Hebrew: baal, lord; zebub, a fly
A divinity worshiped by the Philistines at Accaron, as the god of flies, identified with the "demon" in the Gospels. In Luke 11, he is called chief of the demons. The Greek version of the New Testament has Beelzebul (prince of filth), perhaps an intentional change of the original word.
- "Beelzebub". . CatholicSaints.Info. 15 November 2019. Web. 25 September 2020. <>